George v. City of Houston

COLEMAN, Justice.

This is a suit for damages brought by the parents of a deceased minor son who was drowned in a pond located on land used by the City for the disposal of garbage. The pond was constructed near a public park owned and operated by the City. The trial court instructed a verdict in favor of the City. The judgment is reversed.

Appellants contend (1) that the City is liable in that the pond constituted a nuisance even though it was constructed and maintained in furtherance of the governmental function of garbage disposal, and (2) that the City is liable in that in the proprietory…